CharlesO (Maryland)
Posts: 17
Posts: 17
Posted:
Did our Board go to far when they created a rule that all persons must have e-mail capability in order to be on the ballot come election time? Thanks
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Started by CharlesO • 17 replies • 1247 views
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DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Charles,
Probably illegal to enact and to deny a person the right to vote wold be illegal according to your Docs and State HOA Laws
DarylF (Washington)
Posts: 157
Posts: 157
Posted:
I can see how it would be a pain if one board member did not have email, but making it a regulation is probably going too far in my book.
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
Not unless it's stated in the bylaws.
No member can be denied to vote unless certain conditions are stated in the bylaws (non payment of dues, for example)
No member can be denied to vote unless certain conditions are stated in the bylaws (non payment of dues, for example)
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
oops, excuse me - I mis-read your question.
The Board cannot put those kinds of qualifications for nominees for Board position unless it is stated in the bylaws that they can. In effect, they are "screening" candidates.
The Board cannot put those kinds of qualifications for nominees for Board position unless it is stated in the bylaws that they can. In effect, they are "screening" candidates.
MicheleD (Kentucky)
Posts: 4,491
Posts: 4,491
Posted:
Quote:
Posted By CharlesO on 09/10/2008 1:56 PM
Did our Board go to far when they created a rule that all persons must have e-mail capability in order to be on the ballot come election time? Thanks
Did our Board go to far when they created a rule that all persons must have e-mail capability in order to be on the ballot come election time? Thanks
As others have indicated, they can only apply the restrictions that the by-laws contain.
In order to do that, if your by-laws don't already specify it, then they would have to make an amendment/change to the by-laws.
If they do, and it passes, then they can.
KirkW1 (Texas)
Posts: 1,665
Posts: 1,665
Posted:
In short, your Board overstepped its authority. You don't have the authority to set standards for those who serve. That should be in the bylaws. But beyond that, I think it is a bad policy anyway. I don't see where an email address has anything to do with the suitability to serve on the Board.
ChrisG5 (Maryland)
Posts: 7
Posts: 7
Posted:
All official HOA business must be conducted in person at a formal meeting anyway.
That's where all board business is discussed and decisions are made.
You will not be the first board member who does not have email access at home.
If you do not have an email address or use email, I do recommend that you do set up a free email account from AOL or Yahoo for instance. You can log in and out of your email account on any PC, even one at your local library - free of charge.
That's where all board business is discussed and decisions are made.
You will not be the first board member who does not have email access at home.
If you do not have an email address or use email, I do recommend that you do set up a free email account from AOL or Yahoo for instance. You can log in and out of your email account on any PC, even one at your local library - free of charge.
TonyM3 (Arizona)
Posts: 170
Posts: 170
Posted:
Quote:
Posted By ChrisG5 on 09/11/2008 9:35 PM
You can log in and out of your email account on any PC, even one at your local library - free of charge.
You can log in and out of your email account on any PC, even one at your local library - free of charge.
Along with that if your HOA has a website board members could simply be assigned a corresponding email address. eg [email protected], making the need for the rule moot.
JohnO6 (Georgia)
Posts: 424
Posts: 424
Posted:
Quote:
Posted By ChrisG5 on 09/11/2008 9:35 PM
All official HOA business must be conducted in person at a formal meeting anyway.
That's where all board business is discussed and decisions are made.
You will not be the first board member who does not have email access at home.
If you do not have an email address or use email, I do recommend that you do set up a free email account from AOL or Yahoo for instance. You can log in and out of your email account on any PC, even one at your local library - free of charge.
All official HOA business must be conducted in person at a formal meeting anyway.
That's where all board business is discussed and decisions are made.
You will not be the first board member who does not have email access at home.
If you do not have an email address or use email, I do recommend that you do set up a free email account from AOL or Yahoo for instance. You can log in and out of your email account on any PC, even one at your local library - free of charge.
Chris - unless your post is supported by a law specific to Maryland, I believe you have over generalized this issue. Our covenants specifically grant the Board of Directors to conduct business outside of an official meeting and even within the context of an official meeting it can be conducted via teleconference, webcast, etc.
On the original issue, I too am not in favor of a Board's attempt to place an email requirement on candidates/board members, however the simple reality of todays's business world (and yes, running an HOA is a business) is that without email access as well as basic computer skills in word processing, spreadsheets, and internet searching, you are effectively less productive (or at least less efficient - perhaps just as productive but only by spending much, much more time at it).
NicoleO4 (California)
Posts: 160
Posts: 160
Posted:
I also am definately not a fan of mandated email access. Our HOA in the past has had issues with HOA members using email to discuss issues at hand and conduct business. Our PM had theri atty talk the entire HOA as this was such an issue. EMail is not previlieged information. SO anything that was sent... including personal opinoins of people, events, situations.. could easily be pulled into court.
We actually have email information... bids that we need to see befor our meetings.. But we do not discuss it, bounce emials back and forth or ask for votes like our past board did. Numerous issues with votes outside of a meeting were bouught up by last years vice persident. We are lucky that many of the emailers have stopped or actually were not re-elected.
We actually have email information... bids that we need to see befor our meetings.. But we do not discuss it, bounce emials back and forth or ask for votes like our past board did. Numerous issues with votes outside of a meeting were bouught up by last years vice persident. We are lucky that many of the emailers have stopped or actually were not re-elected.
KirkW1 (Texas)
Posts: 1,665
Posts: 1,665
Posted:
As a note to those suggesting that an email address can be assigned, if a person doesn't have an address now, they probably would need some education to get make use of an address. And even in a neighborhood where there is a very high number of houses with broadband, I don't think it a good idea to require it. And for the BOD to decide this is an invitation to challenge.
JohnO6 (Georgia)
Posts: 424
Posts: 424
Posted:
Quote:
Posted By NicoleO4 on 09/12/2008 6:53 AM
I also am definately not a fan of mandated email access. Our HOA in the past has had issues with HOA members using email to discuss issues at hand and conduct business. Our PM had theri atty talk the entire HOA as this was such an issue. EMail is not previlieged information. SO anything that was sent... including personal opinoins of people, events, situations.. could easily be pulled into court.
We actually have email information... bids that we need to see befor our meetings.. But we do not discuss it, bounce emials back and forth or ask for votes like our past board did. Numerous issues with votes outside of a meeting were bouught up by last years vice persident. We are lucky that many of the emailers have stopped or actually were not re-elected.
I also am definately not a fan of mandated email access. Our HOA in the past has had issues with HOA members using email to discuss issues at hand and conduct business. Our PM had theri atty talk the entire HOA as this was such an issue. EMail is not previlieged information. SO anything that was sent... including personal opinoins of people, events, situations.. could easily be pulled into court.
We actually have email information... bids that we need to see befor our meetings.. But we do not discuss it, bounce emials back and forth or ask for votes like our past board did. Numerous issues with votes outside of a meeting were bouught up by last years vice persident. We are lucky that many of the emailers have stopped or actually were not re-elected.
Nicole - there is nothing unique about email not being privileged information. Any communication (including stored voicemails, hand-written notes during board meetings, etc) that is not between an attorney and his/her client AND is designated as attorney-client privileged is subject to discovery during legal proceedings. At times even the attorney-client designated privleged materials can be challenged.
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Quote:
Posted By CharlesO on 09/10/2008 1:56 PM
Did our Board go to far when they created a rule that all persons must have e-mail capability in order to be on the ballot come election time? Thanks
Did our Board go to far when they created a rule that all persons must have e-mail capability in order to be on the ballot come election time? Thanks
Yes. Every member must have the right to vote. If the Board or the By-laws do not provide the opportunity for each member to vote then any related restriction must be ignorned and changed ASAP.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Quote:
Posted By RogerB on 09/12/2008 9:58 AM
Posted By CharlesO on 09/10/2008 1:56 PM
Did our Board go to far when they created a rule that all persons must have e-mail capability in order to be on the ballot come election time? Thanks
Did our Board go to far when they created a rule that all persons must have e-mail capability in order to be on the ballot come election time? Thanks
Yes. Every member must have the right to vote. If the Board or the By-laws do not provide the opportunity for each member to vote then any related restriction must be ignorned and changed ASAP.
Roger,
Although I don't condone such a rule, perhaps the board has the authority to adopt rules without a vote of the members. Many assn gov. docs. give this authority to the board.
JohnO6 (Georgia)
Posts: 424
Posts: 424
Posted:
Quote:
Posted By RogerB on 09/12/2008 9:58 AM
Posted By CharlesO on 09/10/2008 1:56 PM
Did our Board go to far when they created a rule that all persons must have e-mail capability in order to be on the ballot come election time? Thanks
Did our Board go to far when they created a rule that all persons must have e-mail capability in order to be on the ballot come election time? Thanks
Yes. Every member must have the right to vote. If the Board or the By-laws do not provide the opportunity for each member to vote then any related restriction must be ignorned and changed ASAP.
Roger - I, and a number of others read & interpreted this differently. I don't think the original poster is saying that members must have email access to be able to vote - rather that candidates must have email addresses in order to run for the Board.
FrancescaM (Washington)
Posts: 264
Posts: 264
Posted:
Quote:
Posted By JohnO6 on 09/12/2008 10:15 AM
Yes. Every member must have the right to vote. If the Board or the By-laws do not provide the opportunity for each member to vote then any related restriction must be ignorned and changed ASAP.
Posted By RogerB on 09/12/2008 9:58 AM
Posted By CharlesO on 09/10/2008 1:56 PM
Did our Board go to far when they created a rule that all persons must have e-mail capability in order to be on the ballot come election time? Thanks
Did our Board go to far when they created a rule that all persons must have e-mail capability in order to be on the ballot come election time? Thanks
Yes. Every member must have the right to vote. If the Board or the By-laws do not provide the opportunity for each member to vote then any related restriction must be ignorned and changed ASAP.
Roger - I, and a number of others read & interpreted this differently. I don't think the original poster is saying that members must have email access to be able to vote - rather that candidates must have email addresses in order to run for the Board.
None the less, it would perhaps limit someone who may be a senior or not computer sauvy, in sense a form or disrimnation. I feel this is a poor approach to a requirement to be candidate! It could be disputed.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Francesca,
You are correct that by requireing e-mail from Board members, it might limit some who are not computer savy. One of the best Board members that we had on our Florida Board did not own a computer and he did awesome work for us. A very poor approach to Board member participation is to put this kind of restriction on them.
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